Australian Pharmaceutical Industries Queensland Pty Ltd v. Kerr

Australian Pharmaceutical Industries Queensland Pty Ltd (API) sought orders from the Supreme Court of Queensland for the possession of two lots of land and for the Kerrs to pay costs. API claimed that Ian and Joye Kerr had failed to make certain payments under a loan agreement and mortgage. The Kerrs argued that they had been attempting to make payments but had been prevented by API lodging a caveat over the land. The Court considered whether API was entitled to possession of the land due to the Kerrs' default on the loan agreement.

The Court held that the Kerrs had failed to make the payments due under the loan agreement, and there was no evidence of an oral agreement varying the terms of the loan. The Court found that the default had not been remedied and that API was entitled to the relief it sought. The Court refused the Kerrs' application for an adjournment, as the reasons for the adjournment related to the merits of whether an order should be made, rather than the question of whether the matter should be adjourned.

The Court ordered that the Kerrs deliver possession of the land to API and pay costs on an indemnity basis.